Opinion
Case No. 20030052-CA.
Filed June 26, 2003. (Not For Official Publication)
Appeal from the Third District, Salt Lake Department, The Honorable Judith S. Atherton.
William H. Love, Los Angeles, California, Appellant Pro Se.
Augustus G. Chin, Salt Lake City, for Appellee.
Before Judges Jackson, Greenwood, and Orme.
MEMORANDUM DECISION
This case is before the court on its own motion for consideration for summary dismissal on the basis of lack of jurisdiction because no final order has issued from the trial court and on the basis that the issues presented on appeal are so insubstantial as to not merit further consideration. See Utah R.App.P. 10.
We do not decide the issue of whether the issues presented are so insubstantial as to not merit further consideration because we conclude this court lacks jurisdiction to consider the appeal.
Ordinarily, an appeal can only be taken from a final order of the trial court. See Utah R.App.P. 3(a). The only exceptions to the "final judgment" rule are a petition for permission to review an interlocutory order, pursuant to rule 5 of the Utah Rules of Appellate Procedure, and a certification by the trial court, pursuant to rule 54(b) of the Utah Rules of Civil Procedure. Appellant claims the offense he is charged with is unconstitutional. However, in a criminal case, it is the sentence itself which constitutes the final order. See State v. Gerrard, 584 P.2d 885, 886 (Utah 1978); State v. Walker, 2002 UT App 290, ¶ 11, 55 P.3d 1165. No judgment has been entered and no sentence imposed. Therefore, Appellant's notice of appeal is not taken from a final order and, absent the applicability of either of the exceptions, it must be dismissed. See Walker, 2002 UT App 290 at ¶ 13.
The appeal is dismissed without prejudice to filing a timely notice of appeal from a final appealable order.
Norman H. Jackson, Presiding Judge, Pamela T. Greenwood, Judge, and Gregory K. Orme, Judge, concur.